BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 44 (Mullin) - Elections: statewide recounts.
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|Version: June 24, 2015 |Policy Vote: E. & C.A. 4 - 0 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: August 17, 2015 |Consultant: Robert Ingenito |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 44 would, until January 1, 2023, create a
state-funded vote recount process, as specified.
Fiscal
Impact:
State costs to reimburse counties for a state-funded recount
would depend in part on the number of votes cast for the
particular office or measure, but could potentially reach the
low millions of dollars per recount.
The Secretary of State's Office (SOS) would incur a one-time
cost of $55,000 (General Fund) to promulgate regulations.
Background: Under current law, any registered voter can request a recount
within five days following the completion of the official
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canvass, and must specify on behalf of which candidate, slate of
electors, or position on a measure it is filed. Additionally,
at any time during the conduct of a recount and for 24 hours
thereafter, current law allows any voter other than the original
requestor to request a recount of additional precincts. The
voter filing the request for the recount is required to deposit,
before the recount commences and at the beginning of each day
following, sums as required by the elections official to cover
the cost of the recount for that day. If upon completion of the
recount, the results are reversed, the deposit is returned.
Proposed Law:
This bill would, among other things, do the following:
Permit any voter, within five days after SOS files a
statement of the vote, to request a state-funded manual
recount of all votes cast for a statewide office, as
specified, or state ballot measure if any of the following
occurs:
o The official canvass of returns in a statewide
primary election shows that the difference in the
number of votes received by the second and third place
candidates for a statewide office is less than or
equal to the lesser of 1,000 votes or 0.00015 percent
of the number of all votes cast.
o The official canvass of returns in a statewide
general election shows that the difference in the
number of votes received by the two candidates
receiving the greatest number of votes for a statewide
office is less than or equal to the lesser of 1,000
votes or 0.00015 percent of the number of all votes
cast.
o The official canvass of returns in a statewide
election shows that the difference in the number of
votes cast for and against a state ballot measure is
less than or equal to the lesser of 1,000 votes or
0.00015 percent of the number of all votes cast.
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o Prohibit a voter from requesting a
state-funded manual recount of all votes cast for the
office of Superintendent of Public Instruction unless
the official canvass of returns in a statewide primary
election shows that the number of votes received by
the candidate receiving the greatest number of votes
was (1) between 0.49085 and 0.50015, inclusive, of the
number of all votes cast, or (2) within 1,000 votes of
50 percent of the number of all votes cast.
Permit any voter, within five days after the SOS files a
statement of the vote, to request a state-funded manual
recount of all votes cast for the office President of the
United States if the official canvass of returns in a
statewide general election shows that the difference in the
number of votes received by the two candidates receiving
the greatest number of votes for the office of President is
less than or equal to the lesser of 1,000 votes or 0.00015
percent of the number of all votes cast.
Prohibit another recount from being conducted if a
state-funded recount is conducted pursuant to the
provisions of this bill.
Require the State to reimburse counties for costs
resulting from conducting a manual recount, pursuant to
this bill, in an expeditious manner upon the certification
of those costs.
Require a county elections official, while conducting a
recount pursuant to the provisions of this bill, to also
review ballots rejected in accordance with existing law to
ensure that no ballots were improperly discarded during the
initial canvass. Require the process for reviewing
rejected ballots to be open to members of the public,
including persons associated with a campaign or measure.
Require the elections official in each county to
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complete a state-funded recount according to specified
timelines.
Permit SOS to adopt, amend, and repeal rules and
regulations necessary for the administration of the
provisions of this bill, and require SOS, no later than
January 1, 2018, to revise and adopt regulations specifying
procedures for recounting ballots, including regulations
establishing guidelines for charges a county elections
official may impose when conducting a manual recount.
Repeal provisions of law that permitted a voter who
files a declaration requesting a recount to select whether
the recount is conducted manually, or by means of the
voting system used originally, or both, and instead
requires if the votes subject to recount were cast or
tabulated by a voting system, the voter requesting the
recount shall, for each set of ballots cast or tabulated by
a type of voting system to only select whether the recount
is conducted manually, or by means of the voting system
used originally. Only one method of recount may be used
for all ballots cast or tabulated by the same type of
voting system.
Provide that if an office, slate of presidential
electors, or measure are voted on statewide, the results of
any recount will be declared null and void if each vote
cast statewide for the office, slates, or measure is not
recounted.
Contain a January 1, 2023 sunset date for the bill's
state-funded manual recount provisions.
Related
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Legislation: AB 2194 (Mullin, 2014) would have required SOS to
order an automatic manual recount of all votes cast for a
statewide office or state ballot measure if the difference in
the number of votes received is less than or equal to 0.1
percent. The bill failed the 2/3's vote requirement for rule
suspensions in order to be heard after the policy committee
hearing deadline.
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